Probate is the typical process that is used to transfer assets after someone has passed away. The probate process involves going to court, where the court will determine both if a last will and testament exists and is valid. If the will is valid, then estate assets will be distributed in accordance with its terms, but if there is no will, then state intestacy laws dictate who will inherit the property that you have left behind.
While this process is the most common way to settle an estate, some people may prefer a different approach to having their assets transferred after death. You can achieve this by creating a living trust. If you make a living trust, assets can pass through the trust administration process instead of through probate.
There are a few key reasons why many people prefer trust administration versus probate, so read on to figure out which process your heirs might be better off with if something happens to you. 
1. Trust administration reduces costs
One of the biggest issues with transferring assets through probate is the fact that the probate process is not cheap.
There are court filing fees that your estate will generally need to pay in order for the estate to be probated and your estate will also have legal fees to contend with.
The executor or estate administrator typically should get legal help when navigating the probate process because it can be complicated to do it right. Since probate proceedings are time-consuming and sometimes contentious, legal fees can often get expensive.
Trust administration doesn’t typically come with as many costs, and since the process can be simpler and quicker, the legal fees are usually lower with these proceedings. The lower the costs involved with transferring your assets after you are gone, the more assets will be left for your heirs to inherit.
It can be far better to opt for a cheaper approach to distributing assets because, after all, you worked hard for your money and property and you want the maximum amount of it to go to the people who you have left behind.
2. Trust administration reduces time until assets are transferred
The probate process is also not quick. In fact, the American Bar Association says the average probate process takes six to nine months to finish. This long delay can create a lot of uncertainty and stress for your loved ones.
Until assets are officially transferred to new owners during probate, the executor or estate administrator manages the money and property you have left behind. Unfortunately, the executor may not be as skilled or competent in managing assets as those who you have decided will inherit them.
Your heirs may also be counting on receiving their inheritance quickly to help them stabilize their finances if you were providing a good amount of income to them before your death. If it takes a long time for the estate to be probated and your loved ones need the money to make ends meet, that’s a problem.
The trust administration process can be much faster than the probate process, though. It’s often possible to have your heirs inherit property via trust administration within a matter of weeks instead of months. Your loved ones can move on sooner, with the financial security they deserve.
3. Trust administration provides more privacy
A lack of privacy is also a key problem with the probate process.
Since probate happens in court, details about the proceedings can become public record. This means private details such as how much money and property you left and who you left it to can become publicly known to anyone with an interest in looking into the court proceedings. Many people don’t want this lack of privacy, including heirs who may be on track to inherit money and who may not want everyone in their life to know it.
Trust administration is much more private. The only people who need to know the details are the trust administrator and those directly affected by the distribution of trust assets, including any beneficiaries. Most people prefer this option and this alone is one reason why people would often rather see their assets transfer via trust administration vs. probate.
4. Trust administration offers more control
Finally, when you make a trust, you can do a lot more than just say who should inherit your property. You can provide very specific and detailed instructions about when and how assets should be delivered to different beneficiaries.
Because you will likely have ongoing and active involvement with your trust during your lifetime after creating it, successfully challenging the validity of a trust can also be more difficult after you are gone — so trust administration can reduce the chances of issues with your instructions being followed. After all, it’s hard to argue that a trust isn’t a true reflection of your wishes after you opened and funded a trust, served as a primary trustee, and named someone as backup trustee to take over after you’ve become incapacitated or passed away.
For all of these reasons, you should seriously consider whether making a trust is right for you so you can ensure that trust administration is the means by which your heirs inherit. Give us a call today at (916) 437-3500 to talk to an experienced and qualified Sacramento estate planning lawyer at Northern California Center for Estate Planning and Elder Law or contact us online to get the help you need.
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